Space Solar Power Review. Vol 11 Num 3&4. 1992

(a) “The right to collect on and remove from the Moon samples of its minerals and other substances” which “may be used by them for scientific purposes.” Note that the wording carefully avoids allowing these samples to be defined as property. The Treaty suggests to all States Parties that it is desirable for them to make a portion of any such samples available to others for scientific purposes. (b) States Parties may “use mineral and other substances of the Moon in quantities appropriate for the support of their missions.” (5) Article 11 para. 4 of the Moon Treaty confirms the principle of freedom of exploration and use without discrimination established in the 1967 Outer Space Treaty. (6) Article 9 of the Moon Treaty grants the freedom to establish manned and unmanned stations under the following conditions: (a) Only the area required for the station may be used; (b) the United Nations Secretary-General must immediately be notified of the location and purpose of such stations; (c) an annual report regarding such stations must be made to the United Nations Secretary-General; and (d) free access to all areas of the Moon for other States Parties may not be obstructed. (7) Jurisdiction over and ownership of equipment, facilities, space vehicles and personnel remain under the laws of the respective States Parties. (8) Article 5 para. 1 obliges States Parties to provide the United Nations Secretary- General, the international scientific community, and the public with information on their activities on the Moon. (9) Under Article 7 of the treaty States Parties must take appropriate measures to protect and preserve the environment in their exploration and use of the Moon, and to inform the United Nations Secretary-General of measures being adopted. In particular, States Parties are requested to report areas of the Moon of special scientific interest to the Secretary-General of the United Nations. (10) Article 11 para. 6 establishes the obligation of States Parties to inform the United Nations Secretary-General, the international scientific community, and the public of any natural resources they may discover on the moon to the greatest extent feasible. This is intended to promote the creation of an international regime for the management of such natural resources.

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